The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1887-04-06
THE NEW RAILROAD LAW.
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late ille traffic and transportation by sny
eeuimon carrier OF carriers engaged iu The
traust stostation Of passengers or property
wholly by railroad or partly rs water. when
both are used under the common control
management. or arrangement. for a contiuu-
oas earrisee or shipment from one s.at, OF
territory Of the United State or the Di>,ri,
ofCelumbia TO any other state or territory
Of the United States. or the District of 10
lurnbia 20 any other state or territory. etc
or from any place ia the United states 10 al
adiacen, foreign country. or from any place
in the United States through a foreign conn
try to any other place in the United States.
Il provides that az charges made for the
/ transportation Of passengers or property shall
I b. reasonable and Just If any common
( carrier subject % the provisions of the act
f shall charge directly or indirectly, more or
+ Iess f1r one person than for another for ike
/ services under similar circumstance thecom-
mon carrier shall De deemed guilty Of unjust
discrimination. which = unlawful under the
act tt l. made unlawful sl-os ior any com
mon carrier % give any undue or unreason-
able preference or advantage 10 any person.
company. locality. etc. The act provides
also thar common carriers shall make proper
provision for convenient interchange OF traf-
fc with connecting lines. and shall not dis
crimina1e in their charges between such con
Meeting Hne> This doeS not, however. re
quire thar they should allow other companiez
To u>e their tracks
Il j. provided that a greater charge shall
not be made for carrying goo,js or pas~engers
under the -tme circumstances for a shorter
than f,r Il longer distance. The discretion is
given the commission. however 90 permit
this uu.ier cer-air circumstances Pooling
prohibited also and each day that such paol-
ing may hcuHeratei shall be looked Upon "a,
a separate 0iieu>.
llI common carriers must have displayed
cospieuo-.y their schedules Of rates. No adj
vance TO th,.-e rates shall be- made ar auv
time bur the s-heiules Of reduced rlie-
must be posted ], IL made unlawful o.
charge a greater ute than theposted sched-
ules provide. These schedules Of rate- must
be tile,i with the commission. aud the COM
mission mus be notified OF ali changes 70. Che
sshcIulls- AIl contracts and agreements bee
tween common clrriers must be filed with
the commission. Eho shall give the matter
sleh publicity as they may deem proper
IL :, unlawful, also. for any company 60
enter into any combination to prevent the
carriage of freight from benz s5ntiuuou,
from place of shipment ta p.laa of d,>,ina-
tiun. etc. IN case any common carrier vi0-
lateS any Of the provisions af thi, law such
carrier shall De- liable f,r damage, to the per
son or persons affected by the violation, TO-
se-her with costs. etc. Persons claiming
damages may make complaint 20 the cum
mission and may bring suit in their own be-
half in any eirru5t court of the United states.
But they shall not pursue both remelie~
Persons violating. OF aiding and abe,tiu- tHc
violation Of this law, will be guilty of a mis-
demeauor. and be subject Co fue not 10 gx-
ceed 500 for each otleuse
There j. q commission orfiye authorized Cd,
be appointed 10y the president. and he is Civ
en- thediscreJiou as 20 removals for cause. Ne
more than three of the commissioners can
be from oue political party. and no person
holding positions with or interested 10 any
common carrier can be a commissioner
The commission s, given authority to in-
quire into the business affairs of any COM
mon carrier and to compel the presence Of
witnesses and production OF books tn eases
Of refusal To recognize this authority the
eiDuit court Of that jurisdiction can compel
the witnesses to obey the subpoena. Com
. piainr, may be filed with the commission iu
The form OF petitions, setting forth the ale
cations The commission win notify rhc
company complained Of and if the injury
complained Of IS not corrected the commits
sion has authority TO begin an investigation
No complaint shall De- dismissed on account
OF the absence Of direct damages To complain
ant The commission Is go make written
statements Of the facts found hy their inyes-
tie..tion, and in judicial proceedings these
statements are To- be taken as Dria,a f,icis evi-
deuce
In ease of a violation aud no reparatiou
I the commission are TO take the ease To- the
circuit court Of the proper jurisdiction. wherr
+ the case viii De- tried on short notice the re-
porJ Of the commission 20 De- taken as pr7aq
f7cis evidence. The court may issue vrits OF
injunction and writ~ Of attachments. etc
against the common carrier or if q corpora
ton. against one or more ~ the directors.
trustees OF agents, owners leS~ceS ETC.. aud
may impose fines not exceeding $500 Der day
for every day they continue to di>obey rhe
order Of the court, the money 70 e1 % the
party complaining, or To- be he.d by the
court, or in the treasury, as the court may
direct When tbe subject in dispute shall b,
ofthe value Of 5000 or more. either party
io such proceeding before said court may ap-
peal 20 the supreme court Of the United
States. nHder the same regulations now pro
vided by law in respect of security tor such
appeal, but such appeal shall not operate to
stay or sIIperse,le the order Of the court or
the execution of any wit or process thereon.
and such court may, in every such matter.
order the payment OF such Gusts and counsel
fees Is shall De deemed reasonable.
The commission govern their own pro-
aeedingS. and majority constitutes "a ono
rum Their salaries are $500 They have
authority 20 appoint secretary and other
necessary employee All their expenses
while not at Washington arr to be paid by
tire government. Their principal office Is Co
BE- in Washington, and they may meyt any
where in the United States. The comuls-
-ioners are authorized 20 require annual re-
ports from the common carriers. making
very full statement Of all their business. and
they may require a uniform system of ac-
counts Ia Pc f3.ipNei hy alb common carriers
The commission must report 60 the secretary
of the interior on the 1T day Of Decembe- Of
each year
It is further provided that nothins in the
act shall apply 20 tine carriage. storage or
handling Of property free or al recuerd rates
fer THE Pnited States. state 1r municipal gov
erumenr-. or for charitable purpose, or to or
from iair- and exposiiiou~ for exhibition
thereslt. or the issuance II mileage. excursion
or Communication passenger tickets. Nothing
in the aet shall De- construed to prohibit amy
common carrier from giving reduced r4te- 90
ministers Of religion, W t6 prevent railroads
from giving free carriage % their own officers
and empiogeg~.ortop prevent the officers ofauy
r1iIriad company or companies from cx-
changing passes ortirkct> with other railroad
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